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Monday, June 11, 2018

ELTF Submits a Petition to Improve Education Loan Scheme, to Hon’ble Chairman of Finance Committee

Prime Point Srinivasan, Publisher & Mg. Editor of PreSense and Convenor of Education Loan Task Force presents a petition to Dr Veerappa Moily.  Shri Rajeev Shankarrao Satav, Shri Bhartruhari Mahtab and Smt. Supriya Sule, Award winning Parliamentarians look on.
Prime Point Srinivasan, Publisher & Mg. Editor of PreSense and Convenor of Education Loan Task Force presents a petition to Dr Veerappa Moily.  Shri Rajeev Shankarrao Satav, Shri Bhartruhari Mahtab and Smt. Supriya Sule, Award winning Parliamentarians look on.
Education Loan Task Force (ELTF) is one of the initiatives of your ezine PreSense.  On behalf of ELTF, Prime Point Srinivasan, Mg. Editor of PreSense and Convenor of ELTF presented a memorandum on 9th June 2018 during Sansad Ratna Award function, to Dr Veerappa Moily, Chairman, Finance Committee listing out the problems faced by students while availing and servicing education loans.  Dr Veerappa Moily spontaneously assured that he would take up this matter with the Finance Committee immediately and also take it up with the Governor of Reserve Bank of India

Tuesday, January 2, 2018

How to handle when Banks did not claim interest subsidy on Education loans? - FAQ



ELTF has been receiving hundreds of mails from the students seeking our advice on the following two aspects.

1.  Banks have not claimed eligible subsidy from the Government within due date, thereby denying the interest subsidy to the students; and

2.  Though the Government of India has promised 100% interest subsidy during the study period plus one year for eligible students, the Government has not settled full amount.

To avoid repeating the same response, we want to give our views on the two major issues concerning the students.

Interest Subsidy Scheme

Government of India has introduced an Interest Subsidy Scheme since 2009, to provide 100% interest subsidy to the eligible students during the study period plus one year.  Since many banks did not submit the claim to the Nodal Bank, with the initiative of ELTF, the Government allowed 'one time opening' of the portal in 2015 to enable the Banks to submit the past claims as one time measure.  In spite of this permission, many banks failed to submit the pending claims in time.  Due to the negligence of banks, the eligible students have been denied their eligible interest subsidy. 

ELTF also receives complaints that the Managers have not been creating awareness about the interest subsidy and not advised the students to submit the income certificate.  It is the responsibility of the Bank to create awareness and file the claim for eligible students.  

In many other cases, though the Banks might have filed their claims in time, the Government has not settled 100% interest subsidy as promised by them.  Only around 25% of subsidy is reimbursed by the Government.  

ELTF has taken up these issues in Parliament through supporting MPs and also directly with Hon'ble Prime Minister.   

We have given full details about Interest Subsidy Scheme in the following links. We also give the links of other official sites for more information.


The eligible students may verify the status of their interest subsidy through the links given below.  

For enquiry regarding CSIS Subsidy claims made up to 2013-14:

For enquiry regarding  CSIS Subsidy claims made after 2013-14:

Students can claim damages and compensation

Now, no claim can be submitted upto FY 2016-17.   If the Banks have failed to submit the claims fully or partially or failed to inform the students about the subsidy procedures,  they can approach 'District Consumer Forum' and file a complaint against the Branch and the Managing Director of the Bank claiming damages and compensation.  This is a simple and cost effective legal process.  Students can visit District Consumer Forum personally and meet the officials and take guidance.  Or they can approach their advocate.

If the Government has not settled 100% subsidy, the students can file case against the Bank and Government of India in the High Court.

They can also file a complaint against the Bank with the Banking Ombudsman.

Details are given in this link to get legal remedies:

http://www.eltf.in/2017/08/legal-remedies-available-to-students.html 

Not withstanding the deficiency of services by Banks or Government, students can not stop the repayment of the loan.  As per IBA Scheme, repayment can be done in 180 months with telescopic repayment schedule.  The students are advised to follow the repayment schedule and seek legal remedy for the interest subsidy problems.  

- By K. Srinivasan, Convenor, ELTF


Wednesday, September 27, 2017

SBI not credited 534 crores of interest subsidy to Education Loan borrowers, after receiving from Government - Needs CBI enquiry



26 Sep 2017

This is the mail sent to Central Vigilance commissioner, Delhi under copy to Ministry of Finance and Ministry of Human Resources Development.  

Dear Sirs

During the 7 years period between 2009 and 2016, State Bank of India has not credited Rs.534 crores of Education Loan Interest Subsidy received from Government of India, to the eligible student borrowers.  They have denied legitimate subsidy to eligible poor students.  It is also understood that SBI has not returned the amount to the Government also.  If this happens at individual level, this will be called 'misappropriation' leading to criminal offense.

Times of India, Chennai edition has carried a front page story on 24th September 2017.  We attach herewith the pdf version of the story.  The story can be read in the following link also.


This is only a tip of the iceberg.  There may be similar 'misappropriations' in other banks also denying legitimate subsidy to eligible poor education loan borrowers.   In view of this, Education Loan Task Force (ELTF) requests Central Vigilance Commissioner (CVC) and Ministry of HRD to consider the following:

1.  CBI enquiry may be ordered to investigate as to why State Bank of India did not credit the eligible subsidy to the borrowers over a period of 7 years and how the money was appropriated. The Senior Executives responsible for such lapses should be prosecuted for misappropriating the Subsidy amount. 

2.  Investigate all the Banks for such lapses to find out whether the entire subsidy amount received from the Government is credited to the beneficiaries.

3.  CAG may be requested to audit all the interest subsidy accounts of all the borrowers in the banks and suitable action may be initiated against the officials for any lapses. (CAG has authority to audit any institution which receives Subsidy from the State or Central Government)

Yours faithfully

K. Srinivasan
Convenor, ELTF


Thursday, August 31, 2017

Legal Remedies available to students through District Consumer Forum / District Courts / High Court


(Shri Jagannath Badrinath, Advocate, Madras High Court writes on the legal remedies available for students, when they find deficiency of service from the Banks.)

THE FOLLOWING ARE THE LEGAL REMEDIES AVAILABLE TO THE STUDENTS –
1.      The District Consumer Forum as a Consumer – if there is a case where the bank has committed any deficiency of service and negligence prima facie on part of the Bank.
2.      The District Munsif Court or Local District Courts as a Plaintiff – if there is a prima facie case there is a breach of contract and negligence and a case for damages can be filed in the local District Munsif Court or District Court
3.      The High Court – As a normal citizen to enforce the legal rights as guaranteed under Article 226 of the Constitution of India against the Bank
AN OVERVIEW ABOUT CONSUMER PROTECTION:-
(EXTRACTED FROM THE CONSUMER PROTECTION WEBSITE)
The Consumer Protection Act, 1986 (In short,‘The Act’) is a benevolent social legislation that lays down the rights of the consumers and provides their for promotion and protection of the rights of the consumers. The first and the only Act of its kind in India, it has enabled ordinary consumers to secure less expensive and often speedy redressal of their grievances. By spelling out the rights and remedies of the consumers in a market so far dominated by organized manufacturers and traders of goods and providers of various types of services, the Act makes the dictum, caveat emptor (‘Buyer Beware’) a thing of the past. To provide inexpensive, speedy and summary redressal of consumer disputes, quasi-judicial bodies have been set up in each District and State and at the National level, called the District Forums, the State Consumer Disputes Redressal Commissions and the National Consumer Disputes Redressal Commission respectively. At present, there are 629 District Forums and 35 State Commissions with the National Consumer Disputes Redressal Commission (NCDRC) at the apex. NCDRC has its office at Upbhokta Naya Bhawan, 'F' Block, GPO Complex, INA, New Delhi-110 023. Each District Forum is headed by a person who is or has been or is eligible to be appointed as a District Judge and each State Commission is headed by a person who is or has been a Judge of High Court. The provisions of this Act cover ‘goods’ as well as ‘services’. The goods are those which are manufactured or produced and sold to consumers through wholesalers and retailers. The services are in the nature of transport, telephone, electricity, housing, banking, insurance, medical treatment, etc. A written complaint, can be filed before the District Consumer Forum for pecuniary value of upto Rupees twenty lakh, State Commission for value upto Rupees one crore and the National Commission for value above Rupees one crore, in respect of defects in goods and or deficiency in service. The service can be of any description and the illustrations given above are only indicative. However, no complaint can be filed for alleged deficiency in any service that is rendered free of charge or under a contract of personal service. The remedy under the Consumer Protection Act is an alternative in addition to that already available to the aggrieved persons/consumers by way of civil suit. In the complaint/appeal/petition submitted under the Act, a consumer is not required to pay any court fees but only a nominal fee. Consumer Fora proceedings are summary in nature. The endeavor is made to grant relief to the aggrieved consumer as quickly as in the quickest possible, keeping in mind the provisions of the Act which lay down time schedule for disposal of cases.
If a consumer is not satisfied by the decision of a District Forum, he can appeal to the State Commission. Against the order of the State Commission a consumer can come to the National Commission. Functioning of District Forum, State Commission and National Commission is consumer friendly, and thus a consumer can file a complaint and also address arguments in person. In genuine cases where the complainant/ appellant/ petitioner before the National Commission is unable to engage the services of an advocate legal aid is provided by the Commission free of charge.
RIGHTS OF THE CONSUMERS:-
Right to Safety
Means right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfill long term interests. Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI, AGMARK, etc
Right to be Informed
Means right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices. Consumer should insist on getting all the information about the product or service before making a choice or a decision. This will enable him to act wisely and responsibly and also enable him to desist from falling prey to high pressure selling techniques.
Right to Choose
Means right to be assured, wherever possible of access to variety of goods and services at competitive price. In case of monopolies, it means right to be assured of satisfactory quality and service at a fair price. It also includes right to basic goods and services. This is because unrestricted right of the minority to choose can mean a denial for the majority of its fair share. This right can be better exercised in a competitive market where a variety of goods are available at competitive prices
Right to be Heard
Means that consumer's interests will receive due consideration at appropriate forums. It also includes right to be represented in various forums formed to consider the consumer's welfare. The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers
Right to Seek Redressal
Means right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes right to fair settlement of the genuine grievances of the consumer. Consumers must make complaint for their genuine grievances. Many a times their complaint may be of small value but its impact on the society as a whole may be very large. They can also take the help of consumer organisations in seeking redressal of their grievances.
Right to Consumer Education
Means the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.
IN THE CONSUMER FORUM:-
To provide simple, speedy and inexpensive redressal of consumer disputes, the CPA envisages a 3-tier quasi-judicial machinery at the National, State and District levels.
  1. National Consumer Dispute Redressal Commission, known as National Commission, deals with complaints involving costs and compensation higher than Rs. One Crore.
  2. State Consumer Dispute Redressal Commission, known as State Commission, deals with complaints involving costs and compensation higher than Rs. Twenty Lakh and less than Rs. One Crore.
  3. District Consumer Dispute Redressal Forum, known as District Forum, deals with complaints involving costs and compensation less than Rs. Twenty Lakh.
Consumers can file different types of complaints depending on their specific grievance by visiting the Consumer Court at the district, state or national level along with the documents required for filing the complaint. Following is a list of documents that the prospective complainants need to carry with them to the Consumer Court at the time of filing the complaint.
The basic, quick, fast and effective remedy is before the District Consumer Form for Negligence of the Bank – Following is a list of documents that the prospective complainants need to carry with them to the Consumer Court at the time of filing the complaint
1.    FEE FOR MAKING COMPLAINANT,IF REQUIRED(KINDLY CONTACT LOCAL DISTRICT CONSUMER FORUM TO CHECK WITH THE RESPECTIVE DISTRICT CONSUMER FORUMS AND STATE COMMISSIONS PERTAININNG TO THE NAME IN WHICH IT HAS TO BE GIVEN)
2.    COMPLAINT WITH AFFIDAVIT
3.    SUPPORTING DOCUMENTS IN FAVOUR OF THE COMPLAINT E.G. RECEIPT, VOUCHER ETC.
4.    LIMITATIONS, IF ANY (2 YEARS FROM CAUSE OF ACTION)
5.    INDEX
CHECKING AND TRACKING YOUR CONSUMER CASE CAN BE DONE IN THE FOLLOWING WEBSITE:-
TRACKING THROUGH SMS:-
Now you can get case status through SMS even if you don't have internet connection. The PULL SMS service allows you to request for and receive information about Next Hearing Date of the cases filled in NCDRC/State Commission/District Consumer Forum by sending SMS through your mobile.
Instruction for Pull SMS service:
To get the information about the case, send SMS to 7738299899 in the following format
CONFONET StateID/DistrictID/Case Number
Case number should be case sensitive and match exactly as provided by consumer forum.
Note:- For sending SMS, Charges will be applicaple as per your mobile network provider policy.
For example 1- If your case number is RP/1/2014 and filed at NCDRC, then send SMS
CONFONET 0/0/RP/1/2014
For example 2- If your case number is FA/1/2014 and filied at State Commission, Andhra Pradesh the send SMS
CONFONET 16/0/FA/1/2014
For example 3- If your case number is CC/1/2014 and filied at Guntur, Andhra Pradesh the send SMS CONFONET 16/512/CC/1/2014

UPDATION THROUGH SMS AND EMAIL:-
Auto SMS/E-mail
icon Whenever your case gets new date the complainant, respondent and respective advocates will get an alert SMS from the confonet application subject to the availability of the contact details consumer have provided to the consumer forum.
icon Whenever the your case gets new date the complainant, respondent and respective advocates will receive the order through E-mail from the confonet application subject to the availability of the email details consumer have provided to the consumer forum.
Consumers are requested to provide updated email id and contact details to the consumer forum while filing the case.

Consumer Protection Act :- KEY HIGHLIGHTS
Definition of Consumer under the Act:
A person who buys any goods or services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment is a Consumer.
Note:
A person who obtains such goods for resale or for any commercial purposes will not be a consumer. However, if such goods are bought by a person exclusively for the purpose of earning his livelihood by means of self-employment then such a person will be considered as a consumer.
IN THE PRESENT CASE, THE CONSUMER IS THE STUDENT WHO HAS TAKEN THE EDUCATIONAL LOAN AND THE BANK (INDUSTRY) IS THE ONE WHICH HAS BEEN NEGLIGENT AND DEFICIENT IN THEIR SERVICES WHILE DEALING WITH THE EDUCATIONAL LOAN.
What are the functions of the Consumer Clubs in schools / colleges?
Consumer Clubs have to be activated through some structured activities. Active Consumer Clubs may go beyond this and also take up innovative activities. The following basic structure of functioning is recommended:
· Monthly meetings and demonstrations for one hour after school hours on the First Thursday of each month. Each month a topic / activity may be scheduled as in the model calender.
· Days of National and International importance to consumers may be celebrated in the School / College. Poster / Speech / Essay competitions can be organised at school level by the Consumer Club.
· Field visits to local markets / Consumer Courts and door to door campaign in the local community etc., may be organized for atleast 4 days in a year. It can be done on Saturdays by prior arrangement.
· Minutes of each activity have to be recorded by the Student and Teacher Co-ordinator jointly to document.
· A Consumer Club notice board shall be opened to be updated daily by the teach and students with consumer related news.
What are the steps to be taken by the consumers against defectiveness?
On noticing the defectiveness of the commodity / service provided the consumer has to approach the concerned Commercial / Government organisation requesting for rectification / change of commodity / return back of money, in writing. (with acknowledgement) If the concerned organisation failed to take appropriate action, the District Collector shall legally initiate action.
Who can make complaint?
· A consumer as defined under Consumer Protection Act, 1986
· A registered Voluntary Consumer Association
· Central Government
· State Government / Union Territory
· one or more consumers representing numerous consumers having the same interest.
When the complaints can be made?
A complaint may be made in writing under the following circumstances:
· Loss or damage is caused to the consumer due to unfair trade practice of a trader.
· If the article purchased by a consumer is defective.
· If the services availed of by a consumer suffer from any deficiency.
· When the price paid by a consumer is in excess of the price displayed on the goods or when the price is in excess of the price fixed under any law in force.
· Goods, which will be hazardous to life and safety, when used are being offered for sale to the public in contravention of the provisions of any law.
What is District Consumer Protection Council?
District Consumer Protection Council is the council constituted under Consumer Protection Act, 1986 for each district. District Collector acts as its Chairman, District Supply and Consumer Protection Officer as Member-Secretary, and all the M.P.s, M.L.A.s and officials of all Government Departments having Consumer interface of the Concerned District as members along with the VCOs functioning in the District. This Council shall meet twice in a year as per Consumer Protection Act, 1986. Representations given by the VCOs during the meetings.
Where complaints can be registered?
District Consumer Protection Council
Action will be initiated legally through the Department concerned on the petitions regarding the defects filed before this Council which function under the chairmanship of the District Collector
Price of the commodity or value of the services and value of compensation claimed
District Consumer Forum
for a claim of Compensation upto Rs.20 lakhs
State Commission
for a claim of Compensation above Rs.20 lakhs and upto to Rs.1 crore
National Commission
for a claim of Compensation above Rs.1 crore
How to register the complaints?
· Complaint can be registered within 2 years from the date on which the cause of action has arisen.
· Stamp paper is not required for declaration
· .Complaint can be registered, in person, by the complainant or through his authorised agent or by post addressed to the Redressal Agency.
· Lawyers are not necessary.
What are the particulars that should be furnished along with the complaint?
The complaint should contain the following particulars: 
· The name and complete address of the complainant
· The name and complete address of the opposite party/parties
· Date of purchase goods or services availed
· Amount paid for the above purpose
· Particulars of goods purchases with numbers or details of services availed
· The details of complaint, whether it is against Unfair Trade Practice / supply of defective goods / deficiency in service provided / collection of excess price, should explicitly be mentioned in the complaint petition.
· Bills / receipts and copies of connected correspondence, if any,
· The relief sought for under this Act.
What are the relief provided under the Act:
The District Forum / State Commission can order the following reliefs:
· To remove the defects in the goods pointed out.
· To replace the goods.
· To return to the complainant the price of the goods
· To pay such amount of compensation for the loss or injury suffered by the consumer.
· To remove the defects or deficiency in the services
· To discontinue the unfair trade practice or not to repeat it
· To withdraw the hazardous goods from being offered for sale
· To provide the cost of expenditure incurred by the complainant
What is the appeal provision?
· Aggrieved by the orders issued by the District Consumer Redressal Forum appeal petition may be filed before State Consumer Dispute Redressal Commission within 30 days from the date of receipt of orders
· Aggrieved by the orders issued by the State Consumer Dispute Redressal Commission appeal petition may be filed before National Consumer Dispute Redressal Commission within 30 days from the date of receipt of orders.
· Aggrieved by the orders issued by the National Consumer Dispute Redressal Commission appeal petition may be filed before Supreme Court of India within 30 days from the date of receipt of orders
· No fee is charged for registering an appeal petition before State / National Consumer Dispute Redressal Commissions.
· The appeal petition has to be filed with the grounds for appeal with copies of orders of the lower redressal agencies and registering procedures are same as is being done in the case of registering complaint.
What are the Rights of Consumers as stipulated under Consumer Protection Act 1986.
Consumer is having the rights as indicated below: 
1. Right to Safety
2. Right to be Informed
3. Right to Choose
4. Right to be heard
5. Right to seek Redressal
6. Right to Consumer Education
Based on the amendments to the UN guidelines, more rights have emerged
7. Right to Basic needs
8. Right to a health environment
Where to obtain further details regarding Consumer Protection:
· Through website in www.fcamin.nic.in, www.core.nic.in
· You may contact your District Collector and the Chairman, District Consumer Protection Council and also the Voluntary Consumer Organisation of locality with valid reputationBottom of Form

DISTRICT CONSUMER FORUM FEES:-

9A.      
 Fee for making complaints before District Forum - (1) Every complaint filed under sub-section (1) of section 12, sub-section (1) of section 17 and clause (a) in sub-clause (i) of section 21 of the Act shall be accompanied by a fee as specified in the table given below in the form of crossed Demand Draft drawn on a nationalised bank or through a crossed Indian Postal Order drawn in favour of the Registrar of the State Commission and payable at the respective place where the State Commission or the National Commission is situated.
(2)   The concerned authority referred to in sub-rule (1) shall credit the amount of fee received by it into the Consumer Welfare Fund of the respective State and where such fund is not established into the Receipt Account of the State Government and in the case of the National Commission, to the Consumer Welfare Fund of the Central Government.



TABLE

Sl. No.
Total Value of goods or services and the compensation claimed
Amount of fee payable
(1)
(2)
(3)

District Forum

(1)
Upto one lakh rupees – For complainants who are under the Below Poverty Line holding Antyodaya Anna Yojana Cards
Nil
(2)
Upto one lakh rupees – For complainants other than AntyodayaAnna Yojana card holders.
Rs.100
(3)
Above one lakh and upto five lakh rupees
Rs.200
(4)
Above five lakh and upto ten lakh rupees
Rs.400
(5)
Above ten lakh and upto twenty lakh rupees
Rs.500

State Commission

(6)
Above twenty lakh and upto fifty lakh rupees
Rs.2000
(7)
Above fifty lakh and upto one crore rupees
Rs.4000

National Commission

(8)
Above one crore rupees
Rs.5000

TABLE

Sl. No.
Value of goods or services and
the compensation claimed
Amount of fee payable
(1)
(2)
(3)

District Forum

(1)
(1) Upto one lakh rupees
Rs.100
(2)
One lakh rupees and above but less than five lakh rupees
Rs.200
(3)
Five lakh rupees and above but less than Rs.10 lakh
Rs.400
(4)
Ten lakh rupees and above but not exceeding twenty lakh rupees
Rs.500

(3)  The complainants who are under the Below Poverty Line shall be entitled for the exemption of payment of fee only on production of an attested copy of the Antyodaya Anna Yojana cards.
PROCEDURE AS CONTEMPLATED IN THE CONSUMER PROTECTION ACT,1986:-

12.        Manner in which complaint shall be made.—(1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by –

(a)  the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;
(b)  any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not;
(c)  one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or
(d)  the Central Government or the State  Government, as the case may be,  either in its individual capacity or as a representative of interests of the consumers in general. 
(2)   Every complaint filed under sub-section (1) shall be accompanied with such amount of fee and payable in such manner as may be prescribed.
(3)   On receipt of a complaint made under sub-section (1), the District Forum may, by order, allow the complaint to be proceeded with or rejected:
Provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant:
Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was received.
(4)   Where a complaint is allowed to be proceeded with under sub-section (3), the District Forum may proceed with the complaint in the manner provided under this Act:
Provided that where a complaint has been admitted by the District Forum, it shall not be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force.
Explanation. -  For the purpose of this section “recognised consumer association” means any voluntary consumer association registered under the Companies Act, 1956 or any other law for the time being in force”.
13.        Procedure on admission of complaint. — (1) The District Forum shall, on admission of a complaint, if it relates to any goods,—
(a)     refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum;
(b)      where the opposite party on receipt of a complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute in the manner specified in clauses (c) to (g);
(c)     where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the District Forum shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Forum within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by the District Forum;
(d)     before any sample of the goods is referred to any appropriate laboratory under clause (c), the District Forum may require the complainant to deposit to the credit of the Forum such fees as may be specified, for payment to the appropriate laboratory for carry­ing out the necessary analysis or test in relation to the goods in question;
(e)     the District Forum shall remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, the District Forum shall forward a copy of the report along with such remarks as the District Forum may feel appropriate to the opposite party;
(f)       if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the meth­ods of analysis or test adopted by the appropriate laboratory, the District Forum shall require the opposite party or the complain­ant to submit in writing his objections in regard to the report made by the appropriate laboratory;
(g)     the District Forum shall thereafter give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appro­priate laboratory and also as to the objection made in relation thereto under clause (/) and issue an appropriate order under section 14. 
(2)  the District Forum shall, if the complaint admitted  by it under section 12 relates to goods in respect of which the procedure specified in sub-section (1) cannot be followed, or if the complaint relates to any services,—
(a)     refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum;
(b)    where the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute,—
(i)   on the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or disputes the allegations contained in the complaint, or
(ii)  ex parte on the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the Forum.
(c)  where the complainant fails to appear on the date of hearing before the District Forum, the District Forum may either dismiss the complaint for default or decide it on merits.
(3)  No proceedings complying with the procedure laid down in sub­sections [1] and [2] shall be called in question in any court on the ground that the principles of natural justice have not been complied with.
(3A) Every complaint shall be heard as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities:
Provided that no adjournment shall be ordinarily granted by the District Forum unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Forum:
Provided further that the District Forum shall make such orders as to the costs occasioned by the adjournment as may be provided in the regulations made under this Act.
Provided also that in the event of a complaint being disposed of after the period so specified, the District Forum shall record in writing, the reasons for the same at the time of disposing of the said complaint.     
(3B) Where during the pendency of any proceeding before the District Forum, it appears to it necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case.
(4)  For the purposes of this section, the District Forum shall have the same powers as are vested in a civil court under Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:—
(i)   the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;
(ii)   the discovery and production of any document or other material object producible as evidence;
(iii)  the reception of evidence on affidavits;
(iv)  the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;
(v)   issuing  of any commission for the examination of any witness, and
(vi)  any other matter which may be prescribed. 
(5)  Every proceeding before the District Forum shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Code (45 of 1860), and the District Forum shall be deemed to be a civil court for the purposes of section 195, and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). 
(6)  Where the complainant is a consumer referred to in sub-clause (iv) of clause (b) of sub-section (1) of section 2, the provisions of rule 8 of Order I of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the District Forum thereon.
(7)  In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be. 
14.        Finding of the District Forum. — (1) If, after the proceeding conducted under section 13, the District Forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to do one or more of the following things, namely:—
(a)     to remove the defect pointed out by the appropriate laboratory from the goods in question;
(b)     to replace the goods with new goods of similar description which shall be free from any defect;
(c)     to return to the complainant the price, or, as the case may be, the charges paid by the complainant;
(d)     to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party.
Provided that the District Forum shall have the power to grant punitive damages in such circumstances as it deems fit;
(e)     to remove the defects in goods or deficiencies in the services in question;
(f)       to discontinue the unfair trade practice or the restrictive trade practice or not to repeat it;
(g)     not to offer the hazardous goods for sale;
(h)   to withdraw the hazardous goods from being offered for sale;
(ha)to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature;
(hb)to pay such sum as may be determined by it if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently:
Provided that the minimum amount of sum so payable shall not be less than five per cent. of the value of such defective goods sold or service provided, as the case may be, to such consumers:
Provided further that the amount so obtained shall be credited in favour of such person and utilized in such manner as may be prescribed;
(hc)to issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;
(i)   to provide for adequate costs to parties. 
(2)  Every proceeding referred to in sub-section (1) shall be conducted by the President of the District Forum and at least one member thereof sitting together: 
Provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the President and the other member shall continue the proceeding from the stage at which it was last heard by the previous member. 
(2A) Every order made by the District Forum under sub-section (1) shall be signed by its President and the member or members who conducted the proceeding:
Provided that where the proceeding is conducted by the President and one member and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and the opinion of the majority shall be the order of the District Forum.
(3)  Subject to the foregoing provisions, the procedure relating to the conduct of the meetings of the District Forum, its sittings and other matters shall be such as may be prescribed by the State Government.
EFFECTIVE PROCEDURE FOR NOTICE
28A.     Service of notice, etc. - (1) All notices required by this Act to be served shall be served in the manner hereinafter mentioned in sub-section (2).
(2)  The service of notices may be made by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service as are approved by the District Forum, the State Commission or the National Commission, as the case may be, or by any other means of transmission of documents (including  FAX message).
(3)  When an acknowledgment or any other receipt purporting to be signed
by the opposite party or his agent or by the complainant is received by the District Forum, the State Commission or the National Commission, as the case may be, or postal article containing the notice is received back by such District Forum, State Commission or the National Commission, with an endorsement purporting to have been made by a postal employee or by any person authorized by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub- section (2) when tendered or transmitted to him, the District Forum or the State Commission or the National Commission, as the case may be, shall declare that the notice had been duly served on the opposite party or to the complainant :
Provided that where the notice was properly addressed, pre-paid and duly sent by registered post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or mislaid, or for any other reason, has not been received by the District Forum, the State Commission or the National Commission, as the case may be, within thirty days from the date of issue of notice.
(4)  All notices required to be served on an opposite party or to complainant shall be deemed to be sufficiently served, if addressed in the case of the opposite party to the place where business or profession is carried and in case of complainant, the place where such person actually and voluntarily resides.
HOW TO REGISTER A COMPLAINT BEFORE THE NATIONAL COUNCIL
Consumer Complaint as provided under Section 21(a)(i) of the Consumer Protection Act, 1986, where the value of the goods or services and compensation, if any, claimed, exceeds Rupees One Crore is to be filed in with the Registry of this Commission within a period of  two years from the date on which the cause of action has arisen. Complaint can be filled on all working days (Monday to Friday) between 10:00 A.M. to 4:30 P.M. at Ground Floor ‘Upbhokta Nyay Bhawan’, ‘F’ Block, General Pool Office Complex, INA, New Delhi-110 023. Consumer Complaint should be signed by the complainant and supported by a Notarised  attested affidavit  with 1+1 sets (with File cover) + Number of Opposite Parties. The Consumer Complaint along with all the copies should be paginated and duly indexed in the following seriatim: 
1. Index 
2. List of Dates 
3. Memo of Parties (with fresh complete addresses & telephone no.) 
4. Complaint with Notarised  attested affidavit 
5.  Supporting documents in favour of complaint e.g. receipt, voucher etc. (All the Annexures must be attested as True Copy on the last page with name & signature) 
6.  Application for condonation of delay with Notarised attested affidavit, if beyond limitation. (2 years from cause of action)
7.  Fee for Rs.5,000/-  for making Consumer Complaint (Demand Draft in favour of  “The Registrar, NCDRC, New Delhi”)

Note :
1.  The documents shall be filed in English language only or translated copy of any other language, duly typed in double space on one side of the paper. If any supporting documents are not legible the same will not be accepted until clear legible/photo copies are filed.
2.  If the documents are not filed as per in the format mentioned above the same will be returned to the parties at the counter itself without acknowledgement and will only be registered after removing the defects
3.  After the issue of notice, any documents in a case, the same has to be served on the other side and 1+1 sets (with File cover) be filed with proof of service. No document will be accepted unless filed two days (working days) in advance from the date of hearing.
4.  Henceforth, the review petition/application for recalling of order will be listed before the bench by way of circulation in chambers.
5.  The counsel or the parties appearing in person are filing a common petition / appeal against common order passed by the State Commission in a bunch of appeals / complaints. It causes inconvenience to the Hon’ble Benches to decide the independent issues pertaining to each matter, such as award of different amounts to different parties, etc. Hence, the Hon’ble President is pleased to direct the parties / Counsel to file independent or separate appeals/revision petitions, against each appeal/complaint decided by the State Commission in the common order.
6.  No. of copies to be filed in the Commission 1+1 sets (with File cover) + Number of Opposite Parties. 
7.  Application for Certified copy of order must be made on Letter Head with signature & Rubber stamp by counsel with a statement that first free certified copy has not been received either by the party-in-person or their counsel.
8.  Duplicate certified copy shall be issued on payment basis as per Regulation with a clear endorsement that earlier first free certified copy was sent by post at the address of the party-in-person or to their Counsel/Authorized Representative.




IN THE CIVIL COURT:-
In Addition to the above, the Aggrieved consumer can also file a civil suit in the nature of an O.S (Original Suit) which can be taken up for hearing before the District Munsif Court (DMC IN RURAL AREAS) or City Civil Court (IN CITIES) or before the Principal District Court (Depending upon the Pecuniary value of the damages sought)

IN THE HIGH COURT OF JUDICATURE UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA :-


Notwithstanding anything stated above, the aggrieved Student can also file a case under Article 226 of the Constitution by paying a minimal fee before the Respective High Court by making the Respective Bank Head for the circle and also the branch head as a Respondent while seeking the remedy either as a Mandamus or a Certiorarified Mandamus depending upon the relief, prayer and the circumstances of the case. This right as a power is enshrined in the Constitution and is conferred to the ordinary citizen if he is aggrieved by the action of the Respondent Bank (Nationalized Banks Only)

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